Mick Wallace (Wexford, Independent) | Oireachtas source

I will make a number of points. We all agree that most judges have no problem in working within the legislation. However, we should all remember that, as legislators, we have a serious responsibility. We can have a huge impact on people's lives in what we do and say here and the legislation we draw up. I am not sure drawing up legislation which appears to be at odds with much of the empirical data and the recommendations of the Law Reform Commission and the Department of Justice and Equality is the route we should be going down, as legislators. I have often heard the Government tell us that the courts are independent in carrying out their functions and that sentencing in individual cases is a matter for the Judiciary. Why would we impose presumptive minimum sentences in sexual offences cases? Deputy Jim O'Callaghan made a brilliant case for our argument, but the confidence and supply agreement does not allow him to vote with us. He is in the courts on a regular basis and knows what is going on. He made a strong argument in favour of letting the judge use his or her discretion.